Pr Munire - Law Dictionary Search Results
Home Dictionary Name: pr munirePr'munire
Pr'munire [fr. pr'moneri Lat., to be forewarned]. It is an offence so called from the words of the writ preparatory to the prosecution thereof: pr'munire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the Preamble to the writ. The offence of pr'munire is, in effect, described by Balckstone to be 'introducing a foreign power into the land, and creating imperium in imperio, by paying that obedience to alien process which constitutionally belonged to the King alone'; see 4 Bl. Com. pp. 103 et seq.The statute of pr'munire (which are all still unrepealed, and are of the most confused character) were framed to encounter papal usurpation by presentation of aliens to English benefices. The first of them, called the Statutes of Provisors, was passed in 1350, in the twenty-fifth year of the reign of Edward III., and was the foundation of all the subsequent statute of pr'munire, of wh...
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Provisor
Provisor, a purveyor; also one who sued to the Court of Rome for a provision or prearrangement that a particular benefice when it should fall vacant should be bestowed, for an immediate payment by the provisor, on a particular person.Various statutes, called generally 'Statutes of Pro-visors,' were passed in ancient times to suppress such persons in 25 Hen. 8, c. 20, s. 7, the first and most important of them, 25 Edw. 3, st. 5, c. 22, is called 'the Statute of the Provision and Pr'munire.' See PRAEMUNIRE....
Roman Catholics
Roman Catholics. Very severe laws, commonly called the penal laws, were passed against Roman Catholics, generally under the name of Papists (see that title), after the Reformation, an Act of Elizabeth, for instance, 13 Eliz. c. 2, punishing with the penalties of a pr'munire (see that title) any person bringing into this country any Agnus Dei, cross, picture, etc., from Rome; an Act of James, 3 Jac. 1, c. 5, penalizing the sale or purchase of Popish primers; and an Act of William and Mary (11 & 12 Wm. 3, c. 4), punishing any Papist assuming the education of youth with imprisonment for life. Exclusion from Parliament was effected by the requirement of the Declaration against Trans-ubstantiation (see TRANSUBSTANT- IATION) from members of either House by 30 Car. 2, s. 2, and disfranchisement by the requirements of the Oath of Supremacy by 7 & 8 Wm. 3, c. 27, s. 19; while 7 & 8 Wm. 3, c. 24, effected (until 1791) exclusion from the profession of barrister, attorney, or solicitor by requirin...
Rome
Rome. See ROMAN CATHOLICS and PR'MUNIRE. 25 Hen. 8, c. 21, ss. 1 and 17, and 1 Eliz. c. 1, s. 2, forbade the payment of Peter-pence to the Pope of Rome....
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Pr'cipe
Pr'cipe (command), a slip of paper upon which the particulars of a writ are written; it is lodged in the office out of which the required writ is to be issued.A pr'cipe must be filed by the party issuing or his solicitor before a writ of execution is issued, which pr'cipe must contain the title of the action, the reference to the record, the date of the judgment, and of the order, if any, for execution, and the names of those against whom it issued, and must be signed by the party or solicitor issuing it [(English) R.S.C. Ord. XLII., Rule 12]. For forms of such pr'cipes, see ibid., App. G. The goods of the debtor are bound immediately after the application for the pr'cipe, Murgatroyd v. Wright, (1907) 2 KB 333....
Nemo pr'sumitur alienam posteritatem su' pr'tulisse
Nemo pr'sumitur alienam posteritatem su' pr'tulisse. Wing 285, (No one is presumed to prefer the posterity of another to his own.)...
Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est
Odiosa et inhonestanonsunt in lege pr'sumenda; et in facto quod inse habet et bonum et malum, magis de bono quam de malo pr'sumendum est. Co. Litt. 78, (Odious and dishonest things are not to be presumed in law; and in an act which partakes both of good and bad, the presumption should be done in favour of what is good than that is bad....
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